MORENO VALLEY: Councilman Gutierrez faces crucial hearing

Moreno Valley City Councilman Yxstian Gutierrez teaches a critical reading class at Moreno Valley College on Wednesday. A judge could rule this week on whether his appointment to the council was legal.

Trending

YXSTIAN GUTIERREZ

Occupation: Special education teacher for the Moreno Valley Unified School District

Political experience: Appointed to the Moreno Valley District 4 City Council seat in September.

A 10-month battle over Yxstian Gutierrez’s appointment to the Moreno Valley City Council will come to a head this week when a judge may decide whether Gutierrez should be ousted.

It has been a long wait for opponents outraged over how he was appointed in September without public discussion or advance notice of his background.

Gutierrez sees the lawsuit as an unfortunate distraction that has clouded his tenure as he has attempted to work on issues he cares about.

He said he believes he has accomplished much, such as forming a youth leadership advisory council and increasing support for music and arts programs in the city.

“I think I could have done way more if I didn’t have this basically bothering me,” Gutierrez said in an interview last week.

Gutierrez, a 29-year-old special education teacher with the Moreno Valley Unified School District, was appointed to replace Marcelo Co, who resigned after being arrested on fraud charges last August. Co later pleaded guilty in a separate case to accepting a record $2 million bribe.

In the lawsuit, three District 4 residents allege Gutierrez lives outside the district boundaries that are required by law. They also accuse the City Council of violating the Brown Act, the state’s open-meeting law, by not informing the public in advance that Gutierrez was being considered or that the council would make an appointment at that meeting.

The city attorney’s office has defended the appointment as proper.

The state attorney general sided with the residents seeking to remove Gutierrez and gave them permission in March to sue on the office’s behalf, a legal hurdle required before they could proceed.

A Riverside County Superior Court judge may issue a tentative ruling Monday before making a final ruling at a Tuesday morning hearing.

But with possible appeals by either side and a November election in which Gutierrez is running for the office approaching, he said the issue may be moot.

“What good is it going to do in the public’s interest to remove me?” he asked.

‘Done deal?’

Attorneys for the residents say the delays have been part of Gutierrez’s tactics in court to stay in office as long as possible.

Deanna Reeder, one of the three plaintiffs, said the lawsuit is important because it could set a precedent for city election laws while sending an important message to the Moreno Valley City Council that it needs to be more transparent.

Join the conversation

Keep it civil and stay on topic. No profanity, vulgarity, racial slurs or personal attacks. People who harass others or joke about tragedies will be blocked. By posting your comment, you agree to allow Freedom Communications, Inc. the right to republish your name and comment in additional Freedom publications without any notification or payment.